Variance may be granted from a particular section or provision of this chapter by the Department with respect to a particular case only when, in the sole opinion of the Health Commissioner:
A. 
The enforcement of the subject section or provision would do manifest injustice; and
B. 
The applicant for a body art practitioner license or body art establishment permit, as the case may be, has proved to the satisfaction of the Health Commissioner that the same degree of protection required under this chapter can be achieved without the strict application or enforcement of the subject section or provision.
A. 
Every request for a variance pursuant to § 124-102 of this chapter shall be made in writing to the Health Commissioner and shall state the specific section or provision from which variance is sought.
B. 
Every variance granted by the Health Commissioner shall be in writing, and the original of the variance document shall be posted, in the case of a variance relating to a body art practitioner license, with the posting of the body art practitioner license as required by § 124-18, and in the case of a variance relating to a body art establishment permit, with the posting of the body art establishment permit as required by § 124-57.
C. 
A copy or duplicate original of all variance documents issued by the Department shall be held on file in the office of the Clerk of the City of Quincy or in the offices of the Department.
D. 
A variance document issued by the Department shall contain information so as to reasonably inform the public of the nature of the variance, the need therefor, the specific section or provision of this chapter from which variance was granted and the name of the subject body art practitioner or body art establishment.
E. 
Information advising as to whether the subject variance is unlimited in time or duration or has a fixed expiration date shall be detailed in all variance documents issued by the Department.
Any variance granted by the Health Commissioner pursuant to § 124-102 of this chapter may be subject to such qualification, expiration, revocation, modification or suspension as the Health Commissioner, in his or her sole discretion, shall deem appropriate.
A. 
A body art practitioner license shall be suspended by the Department immediately upon written notice of such suspension to the subject body art practitioner when, in the sole discretion of the Health Commissioner, the Health Commissioner has reason to believe that, due to a condition or practice of the subject body art practitioner, an imminent threat to the public health and/or welfare exists.
B. 
When the condition or practice believed to cause such threat to the public health and/or welfare is abated or corrected to the satisfaction of the Health Commissioner, the Health Commissioner may terminate the suspension of the body art practitioner license of the subject body art practitioner and reinstate the same upon written notice to the subject body art practitioner, and the body art practitioner license of such body art practitioner shall remain in full force and effect until the expiration of the same or until the subsequent suspension, termination, revocation or modification thereof.
C. 
In all other instances of a violation of this chapter by a body art practitioner, the Department shall serve upon the subject body art practitioner written order of notice detailing the condition, event or practice determined by the Department to be in violation of this chapter, and such written order of notice shall instruct the body art practitioner that he or she shall have five business days to abate or correct such condition, event or practice to the satisfaction of the Department.
D. 
Should a body art practitioner subject to an order of notice pursuant to Subsection C fail to abate or correct the condition, event or practice which is the subject of an order of notice, or to otherwise comply with an order of notice, the Department may suspend, terminate, revoke or modify the license held by such body art practitioner.
A. 
A body art establishment permit shall be suspended by the Department immediately upon written notice of such suspension to the subject operator when, in the sole discretion of the Health Commissioner, due to a condition of or practice in the body art establishment, the Health Commissioner has reason to believe that an imminent threat to the public health and/or welfare exists.
B. 
When the condition or practice believed to cause such threat to the public health and/or welfare is abated or corrected to the satisfaction of the Health Commissioner, the Health Commissioner may terminate the suspension of the body art establishment permit of the subject operator and reinstate the same upon written notice to the subject operator, and the body art establishment permit of such body art establishment shall remain in full force and effect until the expiration of the same or until the subsequent suspension, termination, revocation or modification thereof.
C. 
In all other instances of a violation of this chapter by an operator or in a body art establishment, the Department shall serve upon the subject operator written order of notice detailing the condition, event or practice determined by the Department to be in violation of this chapter, and such order of notice shall instruct the operator that he or she shall have five business days to abate or correct such condition, event or practice to the satisfaction of the Department.
D. 
Should an operator subject to an order of notice pursuant to Subsection C fail to abate or correct the condition, event or practice which is the subject of an order of notice, or to otherwise comply with an order of notice, the Department may suspend, terminate, revoke or modify the body art establishment permit held by such operator.
In accordance with § 1-1 of the Quincy Municipal Code, as amended from time to time, at the discretion of the Department, whoever violates any provision of this chapter may be penalized by indictment or on a criminal complaint brought in the District Court.
[Amended 6-1-2020 by Order No. 2020-012]
The fine for a violation of any provision of this chapter shall be $300 per offense. Each day that a violation continues shall be deemed to be a separate offense.
In accordance with MGL c. 40, § 21D, and § 1-2 of the Quincy Municipal Code, as amended from time to time, at the discretion of the Department, whoever violates any provision of this chapter may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D.